Construction progress: Duplex with WU basement and developed attic

  • Erstellt am 2021-01-04 14:44:59

Hausbau0815

2021-09-25 23:53:03
  • #1
: Learned something new again. Thanks. The 1st quote comes from the summary. Almost forgotten. "Today is a nice day after all. Two weeks ago I suggested an architect/site manager to GU2, which he rejected. Then he proposed the former site supervisor, who hasn't been heard from since November. I rejected him. My lawyer is currently preparing the lawsuit here because of poor or non-performance. That he supposedly agreed to take over the site management after not even being able to handle the site supervision is already a joke in itself. Yesterday GU2's lawyer wrote to me that he will assign architect Mr. XY with the site management if I agree. I spoke with him today and will meet him on Friday at the construction site. However, GU2 told him that the house is almost finished; I see that a bit differently." The thing is from February 2020. If I should explain this to you now, I first have to put myself back in time. This former site supervisor, Mr. Th., was appointed by GU2 in September 2019 as an expert. However, he certified a lot of defects to GU2, which he had not expected at all. Since my previous site supervisor (Mr. P.)—and you probably meant him before—but he became seriously ill in the meantime and was no longer a site supervisor, I asked this Mr. Th. whether he would take over the site supervision, which he did. My lawyer (who is neither Lawyer1 nor Lawyer2, but was even before those two and is dealing with the Zellin matter as well as the above-mentioned car matter and is actually my house and yard lawyer, but due to the enormous scope and lack of capacities referred me to Lawyer1, which he now deeply regrets) prepared the lawsuit against Mr. Th. as well. However, he then handed it over to Lawyer1 because the matter has to be seen in connection with GU2. You sue one and announce the dispute to the other. Since until that point the butcher (GU2) was registered with the building authority as site manager (site manager declaration) and I meanwhile knew about his actual profession, I demanded the deployment of a "real" site manager. And here GU2 actually brought Mr. Th. into play, who had disappeared since November under an ongoing contract. Are you still keeping up?
 

Hausbau0815

2021-09-26 00:01:27
  • #2
When I think it over again (because Tassimat is asking me countless questions ;) ), I have to say, I really need to write a book about it. I find it all very interesting and exciting. I just need to work on the happy ending.
 

Tassimat

2021-09-26 00:36:03
  • #3
No, but that's something for tomorrow ;)
 

Hausbau0815

2021-09-26 07:57:51
  • #4
Me neither ;).

But let's keep trying. So I rejected Mr. Th as site manager. However, the then lawyer of GU2 (he also later changed his lawyer) urged GU2 to appoint a site manager. That's how a Mr. Schw. came into play. He called me and wanted to meet me at the construction site before accepting the assignment from GU2. At that time, I saw some light on the horizon again, since he made a very competent impression on the phone. However, GU2 had told him that the house was almost finished, which appeared quite different on site to Mr. Schw. He also did not know the previous expert reports, which GU2 had kept secret. Therefore, he declined the assignment from GU2 but offered me his support, which I accepted. GU2 then commissioned a Ms. F. with site management. There were exactly two meetings on site, then both threw in the towel. GU2 changed lawyers around the same time. While his first lawyer was still quite constructive, the second one is blocking and just buying time.
 

Tassimat

2021-09-26 10:13:42
  • #5
Not much is missing and I have to keep my own Excel list with the parties involved.

Well then, let's continue :D

So you had four construction managers now:
1. Mr. P. during the time of GU1: seriously ill, dropped out.
2. Mr. Th. as a substitute, commissioned by you. But then he just didn't show up anymore?
3. Mr. Schw. commissioned by you. Two meetings, then termination by the construction manager.
4. Ms. F. commissioned by GU2. Two meetings, then termination by the construction manager.

You said you want to sue a construction manager. Do you still mean the second one, who simply stopped coming? Is that enough for significant damages claims, or are you only getting the pure construction manager costs reimbursed? Would you like to explain what the new lawyer 2 intends to do?
 

Hausbau0815

2021-09-26 11:16:58
  • #6
3 and 4 resigned together. Now it is actually about Mr. Th. Lawyer 2 wrote, however, that we should put this on the back burner because we first want to take care of GU2 and Lawyer 1. It is also difficult to quantify the claims for damages for Mr. Th.; the very expensive expert report should provide statements on which errors are construction supervision errors. Apparently, Mr. Th. has also become seriously ill in the meantime. He was invited to the appointment for the roof expert report and the reason given for the cancellation was that he has been so seriously ill since July that he can no longer move independently. That may be true, but it could also be an excuse. If it is true, then the house is probably cursed because almost everyone involved with it goes down the drain. At least that is my impression.
 

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